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N.C. ASS'N OF ABC BDS. v. HUNT

No. 8410SC1057.

332 S.E.2d 693 (1985)

NORTH CAROLINA ASSOCIATION OF ABC BOARDS, Gastonia ABC Board, Bessemer City ABC Board, John Alexander, Sr., City of Bessemer City v. James B. HUNT, Jr., Governor of the State of North Carolina; Department of Crime Control and Public Safety; Heman Clark, Secretary of the Department of Crime Control and Public Safety; North Carolina ABC Commission; Marvin L. Speight, Jr., Chairman of the North Carolina ABC Commission; Harlan E. Boyles, Treasurer of the State of North Carolina.

Court of Appeals of North Carolina.

August 6, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Attys. Gen. Isaac T. Avery, III and David S. Crump, Raleigh, for the State.

Jordan, Brown, Price & Wall by John R. Jordan, Sr. and Joseph E. Wall, Raleigh, for plaintiff-appellant.

PARKER, Judge.

Plaintiff assigns error to the trial judge's entry of summary judgment for defendants. We note at the outset that summary judgment can be appropriate in an action for a declaratory judgment where there is no genuine issue of material fact and one of the parties is entitled to judgment as a matter of law. Threatte v. Threatte, 59 N.C. App. 292, 296 S.E.2d 521 (1982). In the instant case the facts are undisputed...

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